Also available at KansasCityLaw.tvIn this video, Jason M. Kueser discusses factors that securities fraud attorneys often evaluate in determining which cases to pursue. This often includes a number of factors, including (1) individual aspects of the customer and the customer’s situation; (2) the amount of investment loss suffered by the investor; (3) the type or types of investments involved; and (4) whether the stockbroker, adviser, or brokerage firm has previously regulatory issues. There are other factors that are involved, as well.

If you feel you have been the victim of investment fraud or securities fraud, please contact an attorney. If you would like to speak with The Kueser Law Firm, please call the firm at (816) 374-5865 or send us an href=”mailto:jason@jmkesquire.com&subject=Contact from Kueser Law Firm blog”>e-mail.

This video is provided for informational purposes only and nothing contained herein is or should be constituted as legal advice. If you have questions related to any legal topic, you should consult with an attorney and should not rely solely upon information provided via the internet. The choice of an attorney is an important one and should not be based solely upon advertisements such as this website. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. *Any information submitted via this website may not be secure and/or confidential. Merely contacting this firm does not establish an attorney-client relationship.

FINRA recently released its arbitration statistics for the month/year ended December 2010.

For the year, there were 20% fewer cases filed (5,680 v. 7,137 in 2009) and there were 6,241 cases closed (a 37% increase over 2009). Of these cases, 22% were resolved by arbitration hearing, 52% were resolved by direct settlement between the parties, 10% were resolved through mediation, and 16% of cases were either withdrawn or resolved through “other” method.

Results for investors also improved in 2010, as 47% cases that were decided by an arbitration panel resulted in an award of damages to the customer. This reflects a 2% increase over the results in 2009, and a 10% increase compared to arbitration claims decided by arbitration panels in 2007 — the worst year, for investors, in arbitration claims over the past six years.

The overall turnaround time for cases closed during the year also increased to 12.7 months (from 11.5 months in 2009). For cases that are resolved after an arbitration hearing, the turnaround time increased to 15 months (from 14 months in 2009).

The most common claims in arbitration were: (1) Breach of Fiduciary Duty; (2) Negligence; (3) Fraud/Misrepresentation; (4) Failure to Supervise; and, (5) Breach of Contract. The most common type of securities involved in arbitration claims were mutual funds and common stocks.

FINRA recently reported its January 2010 arbitration statistics. For the month ended January 31, 2010, 456 claims had been filed. This represents a decrease of 14% as compared to the number of cases filed in January 2009 (528). The average turnaround time for cases that have resulted in an arbitration hearing (i.e., cases that did not settle prior to the hearing) has declined by 11% (11.6 months from 13.0 months).

In addition, FINRA has also noted a significant increase in the number of cases in mediation. Through January 31, 2010, parties in 75 cases had agreed to mediation, which is 92% greater than the number of cases (39) under a mediation agreement in through January 2009. Cases in mediation were closed in approximately 121 days.

The most frequent securities and investment claims/controversies involved in arbitration continue to be breach of fiduciary duty, misrepresentation/fraud, negligence, failure to supervise, oission of facts, and breach of contract. Mutual funds and common stock also remain the most common type of securities involved in arbitration claims.

During the month of January, 350 cases closed. Of those, 52 were decided by arbitrators (39 closed as the result of an arbitration hearing and 13 closed after an arbitrator reviewed documents submitted by the parties) and the remainder were closed as the result of settlement, withdrawn claims, and “other reasons.” Investors also won fewer cases, as a percentage of cases decided by arbitrators, than in the previous year as only 41% of investors who were seeking monetary damages were awarded any compensation. This is down from 45% in 2009.

FINRA recently reported its December 2009 arbitration statistics. For the year ended December 31, 2009, 7,137 claims had been filed. This represents an increase of 43% as compared to the number of cases filed in 2008 (4,982). The average turnaround time for cases that go to an arbitration hearing has declined by 11% (14 months from 15.7 months).

The most frequent securities and investment claims/controversies involved in arbitration continue to be breach of fiduciary duty, misrepresentation/fraud, negligence, and breach of contract. Mutual funds and common stock also remain the most common type of securities involved in arbitration claims.

Investors have also prevailed in a larger percentage of cases decided (by hearing or on the papers). For the year, 669 cases had been decided and investors prevailed in 304 (45%) of those cases. This does not include cases that settled in favor of the investor, which FINRA notes to approximately 25%.

FINRA recently reported its October 2009 arbitration statistics. As of October 31, 2009, 6,113 claims were filed, compared to only 3,971 as of October 31, 2008, an increase of 54%. FINRA also reported that 3,697 cases were closed through October and that the average turnaround time for cases that go to an arbitration hearing has declined by 9% (14.3 months from 15.8 months).

The most frequent securities and investment claims/controversies involved in arbitration continue to be breach of fiduciary duty, misrepresentation/fraud, negligence, and breach of contract. Mutual funds and common stock also remain the most common type of securities involved in arbitration claims.

Investors have also prevailed in a larger percentage of cases decided (by hearing or on the papers). As of October 31, 2009, 516 cases had been decided and investors prevailed in 236 (46%) of those cases. This does not include cases that settled in favor of the investor.

FINRA recently reported its September 2009 arbitration statistics. As of September 30, 2009, 5,545 claims were filed, compared to only 3,471 as of September 30, 2008, an increase of 60%. FINRA also reported that 3,196 cases were closed through September and that the average turnaround time for cases that go to an arbitration hearing has declined by 9% (14.5 months from 16.0 months).

The most frequent claims/controversies involved continue to be breach of fiduciary duty, misrepresentation/fraud, negligence, and breach of contract. Mutual funds and common stock also remain the most common type of securities involved in arbitration claims.

Investors have also prevailed in a larger percentage of cases decided (by hearing or on the papers). As of September 30, 2009, 444 cases had been decided and investors prevailed in 203 (46%) of those cases. This represents a 1% increase over last month and continues to demonstrate that arbitration results are moving more in favor of investors/Claimants. Given that 3,196 cases have closed as of September 30, 2009, these statistics also demonstrate that a large number of arbitration claims are settled.

On October 5, 2009, FINRA reported that it will expand its “pilot” program that allows investors who file eligible claims to select an arbitration panel that consists of three “public” arbitrators, rather than the traditional panel comprised of two “public” arbitrators and one “non-public” arbitrator.

To accomplish this, FINRA has expanded the program to include cases against the following 14 broker-dealers (from 11 broker-dealers):

The investor who files the claim has the option having their claim participate in the program, which concludes on October 5, 2010.

FINRA is using the program to evaluate a number of factors, including the results of cases decided by all public arbitration panels, as well as the number of investors who elect to have their case participate in the program. To date, FINRA reports that investors have filed 474 eligible cases and that 51% of investors in those cases have elected to participate in the program.

The Kueser Law Firm represents investors in securities arbitration. If you feel that your investments have been mismanaged or if you have general questions about your mutual funds, stocks, bonds, or other investments, please contact our firm to discuss your rights.

FINRA recently reported its August 2009 arbitration statistics. As of August 31, 2009, 4,991 claims were filed, compared to only 3,018 as of August 31, 2008. This represents an increase of 65% year over year. FINRA also reported that 2,817 cases were closed through August and that the average turnaround time for cases that go to an arbitration hearing has declined by 10% (14.5 months from 16.1 months).

Despite this significant increase in cases filed, FINRA also reported that there has been only a slight (1%) increases in cases being mediated. In addition, 11% fewer cases were resolved through mediation (420 cases as of August 31, 2009 compared to 472 cases as of August 31, 2008).

As of August 31, 2009, there have been 9 more cases filed than during the entire 2008 calendar year. The most frequent claims/controversies involved continue to be breach of fiduciary duty, misrepresentation/fraud, negligence, and breach of contract. Mutual funds and common stock also remain the most common type of securities involved in arbitration claims.

Investors have also prevailed in a larger percentage of cases decided (by hearing or on the papers). As of August 31, 2009, 396 cases had been decided and investors prevailed in 178 (45%) of those cases. This represents the largest percentage of cases decided in favor of investors since 2004, when investors prevailed in 47% of such cases. Given that 2,817 cases have closed as of August 31, 2009, these statistics also demonstrate that a large number of arbitration claims are settled.

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Disclaimer

The choice of an attorney is an important one and should not be based solely upon advertisements such as this website. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.

*Any information submitted via this website may not be secure and/or confidential. Merely contacting this firm does not establish an attorney-client relationship.

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Disclaimer

The choice of an attorney is an important one and should not be based solely upon advertisements such as this website. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.

*Any information submitted via this website may not be secure and/or confidential. Merely contacting this firm does not establish an attorney-client relationship.